Adoption is one of the most joyous days for a family, but the process can be intimidating. Starting the process can be confusing and expensive, so it is important that you have some background before you start the process. The first important thing to note is that not all adoption processes look the same. For blended families, stepparent adoption may be the right decision. Stepparent adoption occurs when only one of the adults in the family has already been deemed a legal parent over the child.
Stepparent adoption is a form of related adoption, and in Illinois is governed by statute 750 ILCS 50/1. This statute dictates how a stepparent may adopt their spouse’s legal child. Before initiating the stepparent adoption process, there are a few things you should consider.
Is Step-parent Adoption Right for your family?
Each family is different, and adoption may not always be the best option. To determine whether stepparent adoption is right for you and your family, it is important to have an open and honest conversation, and consider the following:
Overall goal
The first thing that a family should consider when looking into stepparent adoption is their overall goal. Some families pursue adoption to have a legal claim of a child in the event that the biological parent in the relationship passes away. Others consider the social outcomes of being a child’s legal guardian. Whatever your goal in adoption may be, make sure that your family is on the same page.
Pricing
The cost to adopt can vary widely depending on the process. It is estimated that adoptions cost between $250.00-$3,000 depending on how intricate the legal process gets. Consider what goals you have in conducting a step-parent adoption, and whether it may be financially reasonable for your family to go forward with the process.
Legal Consequence
The legal consequence of stepparent adoption is that you will no longer be a stepparent! The law will recognize the adopted child as though they were your own biological child. Terminating this right in the event that the parents separate is nearly impossible and should be something to consider. While we hope that adoptive parents never have to consider such a division, the reality is that some unfortunately do.
Child’s wishes
During the adoption process, Courts will put particular emphasis on what the adoptive child would like. In some cases, particularly once the child has reached their teen years, the child’s wishes may be the only thing that is considered. Because the child’s input is so central to the court process, it is important to make sure that you are acting in accordance.
Stepparent adoption can create internal familial bonds and legal consequences. A family may choose to proceed with a stepparent adoption if a strong bond between the child and step-parent exists which the family wishes to legally recognize. Additionally, stepparent adoption may provide the legal relief your family desires that will affect inheritance and future parental responsibility.
What if the child’s other biological parent is still involved?
The first step in starting a stepparent adoption is to determine the role of the biological parent. Before any stepparent adoption can occur, the family must show that the biological parent either waives their rights, or that there are grounds for the Court to remove their rights. Parental rights are constitutionally protected and require that a court follow proper Due Process laws in terminating them, so it is important to consider what may be required if you do proceed with adoption.
What if the biological parent is deceased?
If the biological parent is deceased this would automatically qualify, to start a step-parent adoption. If the biological parent is willing to sign a consent, surrender or waiver this would allow the adoption process to commence.
What if the step-parent consents to the adoption?
If the stepparent consents to waive their rights, they will need do so in writing, and the Court may request that they testify that they intend to waive their rights. Once a biological parent has waived their right, the adoption process can proceed quickly.
What if the child’s father is unknown?
When the father of a child is unknown, or when it is impossible to find an address for them, a default may be possible, but unlikely. Because parenting is a recognized right under the Constitution, it is best practice to personally serve the parent that may have their rights removed.
In the event that personal service is not possible due to unknown identity or location, the Court will request evidence that show that a diligent effort was made to identify and serve the parent, the Court may grant leave to publish notice.
What if the biological parent does not want to waive their rights?
If the biological parent does not consent to the removal of their rights, the adoption will proceed as “contested.” Contested cases require that a judge hear both parents cases as to why parental rights should be terminated. When contested adoption cases arise, the Court will appoint a Guardian Ad Litem (GAL) who will act as an attorney specifically for the child. GALs investigate the child’s living situation, work in close contact with the child, and issue a report detailing what they have found and issue suggestions.
Contested cases can take substantially longer than uncontested cases. Because parental rights are established under the Constitution, the court must follow strict Due Process procedure, including providing legal counsel to the parent that may have their rights removed.
If a long court process is not something your family is able to endure, or the child may age out before the process is over, there may be other legal options to provide some of the benefits that would have been conferred if you had adopted. Alternate routes such as Estate Planning may be a more viable option for your family.
What should I prepare for my stepparent adoption?
If you are ready to move forward with adopting your stepchild, there are a few things that most, if not all, Courts will require during the process. Gathering them now can save you time and attorneys fees.
Marriage Certificate
For a stepparent adoption, the marriage certificate between the step-parent and their spouse must be produced. Additionally, income verification for the Petitioners will be required.
Background Check
Background checks are not required in the case of step-parent adoptions. However, fingerprints must be taken for everyone living in the house over the age of 18, excluding the biological parent. If there is anything concerning that will pop up as a result of running anyone’s fingerprints the best course of action is to disclose this to your attorney right away. Being open and honest will always yield the best results, as your attorney can work with you ahead of time to anticipate.
Consent of the child
If the minor child is over the age of 14, their consent will be required. They will need to fill out the appropriate form.
Over the course of the case and the GAL’s investigation, additional documents may be required. Be on the lookout for more requests from the GAL, and make sure to provide them with everything they may need. Delay in tendering documents can cause significant delays, and can add significant fees.